The
new rules define what constitutes a concentration of Video Lottery
retailers, ensures future concentrations do not occur and will set in
motion a clear process to reduce any existing concentration. The new
rules also will require a business to be open and operating for 90 days
before applying to become a video lottery retailer.

The
only existing concentration of video lottery retailers is at the Hayden
Island Harbor Shops. That neighborhood has a strip of 12,
gaming-focused establishments where food takes a backseat to lottery
games and cigarette and alcohol sales.

Lottery
Director Larry Niswender first proposed limiting the number of machines
in strip malls last November. But in late June, the effort collapsed.
The lottery commission balked in the face of legal threats, saying the
rule would stymie business and that the lottery can’t be held solely
accountable for the problem. Niswender withdrew his proposal.

But
the director promised Hayden Island residents, who for years have
complained about Hayden Island’s “lottery row,” that he would go back to
the drawing board.

The
new rules limit a strip mall with seven or fewer storefronts to only
three video lottery retailers. A strip mall with eight to nine retail
spaces or storefronts can have four video lottery retailers. A mall with
10 - 11 spaces can have five video lottery retailers. A strip with 12
or more spaces is limited to six video lottery retailers.

The new rules might force a limited number of retailers to move to be considered for a new contract in 2015.